Circular 65/2026/TT-BCT detailing Decree 365/2026/ND-CP on rice export and import business

CIRCULAR

Detailing a number of articles of, and providing measures for implementation of, the Government’s Decree No. 365/2026/ND-CP dated September 23, 2026 on rice export and import business

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Pursuant to the Government’s Decree No. 351/2026/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 365/2026/ ND-CP on rice export and import business;

At the proposal of the Director General of the Agency of Foreign Trade.

The Minister of Industry and Trade hereby promulgates the Circular detailing a number of articles of, and providing measures for implementation of, the Government’s Decree No. 365/2026/ND-CP on rice export and import business.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details Points e and g Clause 1 Article 14, Article 19, Point h Clause 1 Article 23, and provides measures for implementation of Clause 2 Article 18, Points b and c Clause 1 Article 25, and Point a Clause 2 Article 25 of the Government’s Decree No. 365/2026/ND-CP on rice export and import business regarding:

1. Appointment of principal traders to sign and organize the implementation of concentrated contracts under memos and agreements on rice trade for which the Ministry of Industry and Trade shall assume the prime responsibility for negotiation and signing or submit to competent authorities for signing, as specified in Clause 2 Article 18 of Decree No. 365/2026/ND-CP.

2. Reporting regime for rice export and import traders.

3. Assessment of the credibility level of rice export traders.

Article 2. Subjects of application

This Circular applies to rice export and import traders and related agencies, organizations and individuals.

                                                                                                               Chapter II                                                                                                                      

APPOINTMENT OF PRINCIPAL TRADERS TO SIGN AND ORGANIZE THE IMPLEMENTATION OF CONCENTRATED CONTRACTS

Article 3. Appointment of principal traders for transactions

1. The appointment of principal traders for transactions under concentrated contracts shall be based on the criteria specified in Clause 2 Article 19 of the Government’s Decree No. 365/2026/ND-CP.

2. In case two or more traders are appointed as principal traders in a market involving concentrated contracts, the principal trader rotation mechanism shall apply in accordance with Article 4 of this Circular.

Article 4. Principal trader rotation mechanism

1. The principal trader rotation mechanism is a mechanism applied where two or more traders are appointed as principal traders in a market involving concentrated contracts, but the competent authority or designated foreign importer requires that, for each rice import tranche under a concentrated contract, only one trader may participate in signing and transacting the contract.

2. The sequence for implementation of the principal trader rotation mechanism shall be as follows:

a) No later than 01 day from the date of receipt of the importing country’s notice on rice import, the principal trader whose turn it is shall report to the Ministry of Industry and Trade and send a copy thereof to the Vietnam Food Association regarding its ability to participate in the transaction tranche.

In case the principal trader whose turn it is requests not to participate, it shall report the reasons therefor to the Ministry of Industry and Trade and concurrently send copies thereof to the Vietnam Food Association and the other principal trader(s).

b) No later than 01 day from the date of receipt of the request from the principal trader whose turn it is to decline participation in the transaction, the principal trader whose turn is next shall report to the Ministry of Industry and Trade, with a copy sent concurrently to the Vietnam Food Association, on its ability to participate in the transaction.

Acting as a substitute in a transaction or bidding shall not be counted as the rotation turn of the substitute trader, and such trader shall remain entitled to participate in the subsequent transaction tranche when its regular turn comes.

c) In case none of the principal traders participates in the transaction tranche, the Ministry of Industry and Trade shall designate another trader to participate in the transaction in accordance with regulations.

d) The trader participating in the transaction tranche shall report to the Ministry of Industry and Trade if it requires assistance with transaction-related procedures.

3. The allocation of quotas to principal traders under the principal trader rotation mechanism shall be as follows:

Principal traders under the principal trader rotation mechanism may directly export 20% of the quantity of rice under the concentrated contract, of which:

The principal trader signing the concentrated contract shall be allocated two-thirds of the 20% quantity of rice under the concentrated contract. The principal traders not participating in the signing of the concentrated contract shall be allocated equal quantities of rice from the remaining one-third of the 20% quantity of rice under the concentrated contract.

Article 5. Responsibilities of principal traders under the principal trader rotation mechanism

1. A principal trader signing a concentrated contract under the principal trader rotation mechanism shall have the following responsibilities:

a) Performing the responsibilities specified in Clause 4 Article 19 of the Government’s Decree No. 365/2026/ND-CP.

b) Fulfilling the portion of the quota reallocated in accordance with Clause 2 Article 9 of this Circular.

2. Principal traders not signing concentrated contracts under the principal trader rotation mechanism shall have the following responsibilities:

a) Formulating the transaction plan jointly with the principal trader signing the concentrated contract and the Vietnam Food Association.

b) Coordinating with the principal trader signing the concentrated contract in monitoring market developments and matters related to the transaction tranche; discussing the transaction plan with the Vietnam Food Association.

c) Participating in preparing the supply of rice for contract performance; jointly with the principal trader signing the concentrated contract, organizing the performance of the signed contract.

d) Fulfilling the portion of the quota reallocated in accordance with Clause 3 Article 4 and Clause 2 Article 9 of this Circular.

dd) Fulfilling, in equal proportions, the quantity of rice specified at Point d of this Clause.

Article 6. Entities eligible for allocation of quotas for entrusted export

1. The allocation of quotas for performance of concentrated contracts to rice export traders for entrusted export shall comply with the regulations and criteria specified in Clause 6 Article 19 of the Government’s Decree No. 365/2026/ND-CP.

2. Traders ineligible for quota allocation:

a) Traders without a Certificate of eligibility for rice export business.

b) Traders falling into any of the cases specified in Clause 8 Article 19 of the Government’s Decree No. 365/2026/ND-CP.

Article 7. Allocation of quotas for entrusted export

1. After receiving the report of the principal trader on the negotiation, transaction, bidding or results of signing the concentrated contract, the Ministry of Industry and Trade shall notify provincial-level People’s Committees of the registration of the list of traders for fulfillment of quotas under the concentrated contract.

2. Based on the notification of the Ministry of Industry and Trade, the provincial-level People’s Committees of the localities where traders have their head offices shall review traders wishing to receive quotas for entrusted export in accordance with Decree No. 365/2026/ND-CP and Article 6 of this Circular; compile and send to the Ministry of Industry and Trade a list of traders eligible for quota allocation.

3. Based on the list of traders provided by the provincial-level People’s Committees of the localities where the traders have their head offices, and taking into account the supply of commodity rice and the domestic harvest situation provided by the Ministry of Agriculture and Environment, the Ministry of Industry and Trade shall allocate quotas in accordance with the Government’s Decree No. 365/2026/ND-CP and this Circular.

4. The Ministry of Industry and Trade shall issue a written notice of the allocation of quotas for the performance of concentrated contracts to the provincial-level People’s Committees and principal traders for implementation.

5. Based on the written notice of quota allocation for the performance of concentrated contracts, the provincial-level People’s Committees shall notify the relevant traders for implementation.

Article 8. Principles for allocation of quotas for entrusted export

1. The Ministry of Industry and Trade shall allocate quotas for the performance of concentrated contracts to traders that satisfy the criteria specified at Points a, b, c and d Clause 6 Article 19 of the Government’s Decree No. 365/2026/ND-CP.

2. The quantity allocated to each trader for the performance of concentrated contracts shall be determined according to its credibility level. Traders within the same credibility group shall be allocated equal quotas.

3. Pending the results of the assessment of traders’ credibility levels, the quota allocated to a trader shall not exceed the average quota allocated to traders in the same allocation round.

4. The quota allocated to a trader shall not exceed the quantity registered by that trader under the notice specified in Clause 1 Article 7 of this Circular.

5. The Ministry of Industry and Trade shall allocate quotas in accordance with the following principles:

a) A trader in the very high credibility group shall be allocated a quota not exceeding the quota allocated to a principal trader.

b) A trader in the high credibility group shall be allocated a quota not exceeding 50% of the quota allocated to a trader in the very high credibility group.

c) A trader in the medium credibility group shall be allocated a quota not exceeding 50% of the quota allocated to a trader in the high credibility group.

d) A trader in the low credibility group shall be allocated a quota not exceeding 50% of the quota allocated to a trader in the medium credibility group.

dd) A trader in the very low credibility group shall be allocated a quota not exceeding 50% of the quota allocated to a trader in the low credibility group.

6. The quota allocated to each trader shall be rounded to the nearest tonne.

7. After the allocation, any remaining quantity that cannot be allocated in accordance with the above principles shall be allocated by the Ministry of Industry and Trade to the principal trader signing the concentrated contract for performance, provided that such quantity does not exceed 0.01% of the total quantity under the concentrated contract.

Article 9. Return of quotas for entrusted export

1. In case a trader is unable to fulfill the allocated quota for entrusted export, within 03 days from the date of the notification of the provincial-level People’s Committee specified in Clause 5 Article 7 of this Circular, the trader shall submit a written report to the provincial-level People’s Committee on the return of the unfulfilled portion of the quota and concurrently send a copy thereof to the Ministry of Industry and Trade. The provincial-level People’s Committee shall consolidate the quotas returned by traders and submit a written report thereon to the Ministry of Industry and Trade.

2. A trader that fails to fulfill or fully fulfill its quota and fails to report within the prescribed time limit shall be deemed unable to fulfill its entrusted export quota.

3. Based on the consolidated quantity of rice under entrusted export quotas returned or unfulfilled by traders, the Ministry of Industry and Trade shall reallocate such quantity to the principal traders. In case of reallocation to principal traders under the principal trader rotation mechanism, the principal trader signing the concentrated contract shall fulfill two-thirds of the reallocated quantity of rice, while the principal traders not signing the concentrated contract shall fulfill the remaining one-third.

Chapter III  

 REPORTING REGIME ON RICE EXPORT AND IMPORT BUSINESS OPERATIONS

Article 10. Report on the signing and performance of rice export contracts and quantities of paddy and rice in stock

1. The reports specified at Point b Clause 1 Article 25 of the Government’s Decree No. 365/2026/ND-CP shall be submitted through the reporting software at: baocao.moit.gov.vn.

2. In case of a technical malfunction of the reporting software that affects data submission, traders shall submit reports in the form of electronic data files via email to [email protected] and update the data on the reporting software within 05 days from the date on which the reporting software resumes normal operation.

          Article 11. Quarterly and annual reports and extraordinary reports on rice export business operations

1. The reports specified at Point c Clause 1 Article 25 of the Government’s Decree No. 365/2026/ND-CP shall be submitted through the reporting software at: baocao.moit.gov.vn.

2. For quarterly reports, traders shall submit their reports to the Ministry of Industry and Trade before the 15th day of the first month of the subsequent quarter. For annual reports, traders shall submit their reports to the Ministry of Industry and Trade before January 15 of the subsequent year.

3. Traders shall submit the extraordinary reports specified at Point c Clause 1 Article 25 of the Government’s Decree No. 365/2026/ND-CP at the request of the Ministry of Industry and Trade regarding export market developments, production and business operations, paddy and rice prices, and other matters required for the administration of rice exports.

4. In case of a technical malfunction of the reporting software that affects data submission, traders shall submit reports in the form of electronic data files via email to [email protected] and update the data on the reporting software within 05 days from the date on which the reporting software resumes normal operation.

Article 12. Report on rice import business operations

1. The reports specified at Point a Clause 2 Article 25 of the Government’s Decree No. 365/2026/ND-CP shall be submitted through the reporting software at: baocao.moit.gov.vn.

2. For quarterly reports, traders shall submit their reports to the Ministry of Industry and Trade before the 15th day of the first month of the subsequent quarter. For annual reports, traders shall submit their reports to the Ministry of Industry and Trade before January 15 of the subsequent year.

3. Traders shall submit the extraordinary reports specified at Point a Clause 2 Article 25 of the Government’s Decree No. 365/2026/ND-CP at the request of the Ministry of Industry and Trade regarding rice imports and other matters required for the state management of rice import operations.

4. In case of a technical malfunction of the reporting software that affects data submission, traders shall submit reports in the form of electronic data files via email to [email protected] and update the data on the reporting software within 05 days from the date on which the reporting software resumes normal operation.

Chapter IV

ASSESSMENT OF THE CREDIBILITY LEVEL OF RICE EXPORT TRADERS

Article 13. Principles for assessment of the credibility level of rice export traders

1. The score for assessment of a trader’s credibility level shall range from 0 to 100 points.

2. The score for assessment of a trader’s credibility level shall be the average of the scores for the component criteria specified in Clause 1 Article 14 of the Government’s Decree No. 365/2026/ND-CP.

Article 14. Notification of credibility level assessment results

Within 05 working days from the date of completion of the credibility level assessment, the Ministry of Industry and Trade shall publish the list of traders by credibility level on the portal of the Ministry of Industry and Trade.

Article 15. Rice export business performance.

The criterion of rice export business performance shall be assessed on a 100-point scale, of which:

1. Annual export performance:  50 points.

The export performance criterion shall have a maximum score of 50 points and a minimum score of 10 points, and shall be assessed as follows:

a) The top 10 traders by export performance shall be awarded corresponding scores ranging from 41 to 50 points;

b) A trader with an export volume exceeding 100,000 tonnes but not falling within the group of traders specified at Point a of this Clause shall be awarded 40 points;

c) A trader with an export volume exceeding 50,000 tonnes shall be awarded 30 points;

d) A trader with an export volume exceeding 10,000 tonnes shall be awarded 20 points;

dd) A trader with an export volume of 10,000 tonnes or less shall be awarded 10 points.

2. Market development: 50 points.

The market development criterion shall have a maximum score of 50 points and a minimum score of 10 points, and shall be assessed as follows:

a) A trader conducting export activities to all three market groups, namely traditional markets, markets covered by Free Trade Agreements (FTAs), and other markets, shall be awarded 50 points;

b) A trader conducting export activities to two of the three market groups specified at Point a of this Clause shall be awarded 30 points;

c) A trader conducting export activities to one of the three market groups specified at Point a of this Clause shall be awarded 10 points.

Annually, the Ministry of Industry and Trade shall publish the list of markets falling within each group specified in this Clause.

Article 16. Results of compliance with the reporting regime and circulation reserve requirements

The criterion of results of compliance with the reporting regime and circulation reserve requirements shall be assessed on a 100-point scale, of which:

1. The criterion of results of compliance with the reporting regime shall have a maximum score of 60 points and a minimum score of 0 points, and shall be assessed as follows:

Points shall be deducted from a trader’s score for compliance with the reporting regime in the following cases:

a) Failure to comply with reporting deadlines: A report submitted after the prescribed deadline but no more than 05 working days after the reporting deadline or the deadline specified by the competent authority shall result in a deduction of 01 point per report; a report submitted more than 05 working days late shall result in a deduction of 03 points per report.

b) Failure to comply with reporting content requirements: A report that is incomplete, inaccurate or not made using the prescribed form shall result in a deduction of 01 to 03 points per report.

2. The circulation reserve criterion shall have a maximum score of 40 points and a minimum score of 08 points, and shall be scored as follows:

a) A circulation reserve exceeding 25% of the quantity of rice exported by the trader during the preceding 06 months: 40 points;

b) A circulation reserve of between 20% and 25% of the quantity of rice exported by the trader during the preceding 06 months: 32 points;

c) A circulation reserve of 15% to less than 20% of the quantity of rice exported by the trader during the preceding 06 months: 24 points;

d) A circulation reserve of 10% to less than 15% of the quantity of rice exported by the trader during the preceding 06 months: 16 points;

dd) A circulation reserve of 5% to less than 10% of the quantity of rice exported by the trader during the preceding 06 months: 08 points;

In case a trader has no export performance during the preceding 06 months, its circulation reserve score shall be the score specified at Point dd of this Clause.

The circulation reserve criterion shall be assessed continuously throughout the year, and the average score shall be used to determine the final assessment result.

The circulation reserve level shall be recorded based on the trader’s reports submitted on the 5th day of each month and the extraordinary reports specified in Clauses 1 and 2 Article 11 of this Circular.

            Chapter V          

IMPLEMENTATION PROVISIONS

Article 17. Effect

1. This Circular shall take effect on October 01, 2026.

2. This Circular shall annul:

a) Circular No. 30/2018/TT-BCT of the Minister of Industry and Trade detailing a number of articles of the Government’s Decree No. 107/2018/ND-CP dated August 15, 2018 on rice export business;

b) Circular No. 35/2025/TT-BCT of the Minister of Industry and Trade amending and supplementing a number of articles of Circular No. 30/2018/TT-BCT dated October 1, 2018 of the Minister of Industry and Trade detailing a number of articles of the Government’s Decree No. 107/2018/ND-CP dated August 15, 2018 on rice export business, and Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade amending and supplementing a number of provisions on the periodic reporting regime in Circulars separately or jointly issued by the Minister of Industry and Trade.

3. This Circular annuls Article 26 of Circular No. 42/2019/TT-BCT of the Minister of Industry and Trade amending and supplementing a number of provisions on the periodic reporting regime in Circulars separately or jointly issued by the Minister of Industry and Trade.

4. The detailed list of HS codes for exported paddy and rice specified in Clause 1 Article 2 of Circular No. 08/2023/TT-BCT of the Minister of Industry and Trade shall continue to apply until an amending, supplementing or replacing document is issued.

Article 18. Transitional provisions and implementation organization

1. Traders appointed as principal traders for transactions before the effective date of this Circular may continue to perform their functions until the relevant memos and agreements between competent authorities of the Government of Vietnam and competent foreign authorities, and rice export contracts signed under the direction of the Prime Minister, expire, or until the importing country proposes a change of principal trader.

2. Rice export contracts registered and concentrated contracts allocated for performance before the effective date of this Circular may continue to be performed without re-registration or reallocation.

3. The assessment of the credibility levels of rice export traders and the implementation of provisions relating to credibility levels under this Circular shall commence on January 1, 2028.

4. Pending the implementation of the assessment of traders’ credibility levels, quotas shall be allocated equally among traders that have registered and satisfy the conditions for quota allocation in accordance with the Government’s Decree No. 365/2026/ND-CP and this Circular.

5. The Department for Science Technology and Digital Transformation shall coordinate with the Agency of Foreign Trade in developing, operating and upgrading the reporting system at baocao.moit.gov.vn to meet the proposed operational requirements and comply with the Government’s Decree No. 365/2026/ND-CP and this Circular.

6. During the implementation of this Circular, if any issues or difficulties arise, agencies, organizations, individuals and traders engaged in rice export and import business shall report them to the Ministry of Industry and Trade (via the Agency of Foreign Trade) for consideration and settlement./.